Deck 4: The American Judicial System, Jurisdiction, and Venue

Question 1

Delaware has a specialized court that specifically hears commercial matters that is called a(n)

A) Equity court
B) Criminal court
C) Chancery court
D) Common law court

Answer 1

Chancery court

Question 2

Chris' Coffee Connection sole proprietorship is located in Illinois but has recently started advertising extensively and shipping products to Missouri. Under what theory would Chris' Coffee Connection be subjected to personal jurisdiction in Missouri?

A) Domicile
B) Residence
C) Principal place of business
D) Minimum contacts

Answer 2

Minimum contacts

Question 3

Appellate courts have the role of __________ because they review decisions of the lower courts.

A) Common law
B) Judicial review
C) Statutory review
D) Regulatory review

Answer 3

Judicial review

Question 4

The Supreme Court reviewing actions of other branches of government to make sure they are consistent with existing laws and the Constitution is called

A) Law review
B) Statutory review
C) Regulatory review
D) Judicial review

Question 5

Which statement about the U.S. court system is correct?

A) When a state judicial system is exhausted then the party must switch to the federal judicial system.
B) The state and the federal courts are two separate structures that operate in tandem.
C) The federal court system always has the authority to overrule any state court system.
D) The state court system must be reviewed by the federal court system.

Question 6

Tucker sues Nick for breach of contract. Nick is the

A) Plaintiff
B) Defendant
C) Respondant
D) Public defender

Question 7

Jeane sues the local newspaper for defamation when they publish and article about her. She feels that their actions are so extreme and outrageous that she states that she will file her case directly with the U.S. Supreme Court. Will this be allowed?

A) Yes because the suit is dealing with a Constitutional right, freedom of speech.
B) Yes if the U.S. Supreme Court accepts the case.
C) No, trial courts are the courts of original jurisdiction and therefore it must start there.
D) No because the Supreme Court does not hear cases involving private citizens.

Question 8

During a trial, the plaintiff Jeff, asserts that the same trial court, with the same judge, decided a case with very similar facts in favor of the plaintiff. He therefore states that in his current trial, the trial court must follow the precedent set the previous week in a similar trial. Which statement is true?

A) The trial court must follow the precedent set by other trial courts in the same jurisdiction.
B) The trial court has the discretion to follow the precedent established in other trial courts.
C) The trial court will only establish the precedent established in another trial court if the judge views the set of facts substantially similar.
D) The trial court does not establish precedent.

Question 9

Small claims courts were created to

A) Lessen the docket for appellate case load.
B) Allow people easy access and simplified process to adjudicate with a lower value.
C) Ensure the Constitutional protection that every person has a right to a trial by their peers.
D) Enforce the rights of individuals to seek redress for criminal wrongs.

Question 10

The family law court in Illinois has what type of authority?

A) General
B) Reserved
C) Limited
D) Discretionary

Question 11

The Federal Circuit Court of Appeals in Washington D.C. hears

A) All cases as it has national jurisdiction.
B) Cases involving patents, copyrights and trademarks.
C) Cases involving family law disputes.
D) Cases involving impeachment proceedings.

Question 12

In a recent fictitious decision of the Supreme Court of Pennsylvania, Shrute v. Halpert, the court interpreted the U.S. Constitutionally guaranteed Second Amendment right to bear arms to mean, the right of a person to own one shotgun, and no other weapons. This decision

A) Will be ratified by the U.S. Supreme Court
B) Will be reviewed by the U.S. Supreme Court
C) Will be enforced within the state of Pennsylvania
D) Will be thrown out as on the U.S. Supreme Court interprets the U.S. Constitution

Question 13

Suppose the 9 ^th U.S. Circuit Court of Appeals interpreted freedom of speech to include posts on social media and the 7 ^th U.S. Circuit of Appeals specifically ruled that freedom of speech did not include social media posts, how would this split be resolved?

A) It would not because Circuits' rulings only apply in their Circuit.
B) The U.S. Supreme Court could choose to resolve the conflict.
C) It would go to a vote by the general population of the United States.
D) The Circuit Court Judges would argue the case in front of the U.S. Supreme Court.

Question 14

Stare Decisis means

A) Courts should follow precedent.
B) Courts must attempt to support the marginalized.
C) Courts should seek to decide each case based upon the unique set of facts each presents itself.
D) Courts must determine the outcome of a case based upon each judge's person moral and judicial opinion.

Question 15

Suppose a Michigan court was faced with an issue that has never been heard in that state, a case of first impression where there is no binding authority, which statement is correct?

A) The court will refuse to hear the case.
B) The court can look to other states' precedent as a persuasive authority.
C) The court must rely on the federal precedent established.
D) The court can dismiss the case for lack of subject matter jurisdiction.

Question 16

If a lower court deviates from precedent,

A) The court must receive the approval of the appellate court before making a decision.
B) That case will automatically be declared unconstitutional.
C) The court must assert a legal or factual difference from precedent.
D) The case will be dismissed for lack of subject matter jurisdiction.

Question 17

Ace Skincare Company, located in exclusively in Hawaii, produced thousands of units of a plant-based skincare product. Realizing that there is not as strong of demand in Hawaii, Ace Skincare Company decides to market to people in Alaska by shipping samples and order forms to many residents. Several people who ordered the product in Alaska suffered a severe skin rash that was linked to the product usage. Will the state of Alaska have personal jurisdiction?

A) No because Ace Skincare Company is located exclusively in Hawaii.
B) No because it was voluntarily purchased and used by citizens in Alaska.
C) Yes because any company consents to national jurisdiction because any product made could be put in the stream of commerce.
D) Yes because by marketing and selling to people in Alaska, it is reasonably foreseeable that it could have an injurious effect on a resident of that state.

Question 18

Jenny's Cupcake a small bakery located in Colorado maintains a Pinterest account to post pictures of its cupcake creations. Kim, who lives in New York, sees Jenny's Cupcake bakery items on Pinterest and emails Jenny's to order 12 dozen cupcakes to be delivered to her home in New York. Outraged that Jenny's Cupcake refuses to do as she requested, Kim files a lawsuit in New York against Jenny's Cupcakes. Based upon the facts provided, would New York have personal jurisdiction over Jenny's Cupcake?

A) Yes as mere presence on social media forums subjects an individual to personal jurisdiction in any state in which the post if viewed.
B) Yes as Pinterest is a national forum thus subjecting anyone who posts to national personal jurisdiction.
C) No as a passive website is not enough as the sole basis for personal jurisdiction.
D) No because Jenny's Cupcake is located in Colorado and that is the only state that has personal jurisdiction.

Question 19

The two part test for personal jurisdiction requires the court to look for a long-arm statute and

A) If the parties consented
B) If the plaintiff is domiciled within the state asserting personal jurisdiction
C) If justice will be achieved by allowing the lawsuit to go forward
D) If there are minimum contacts such that it does not offend fairness and due process

Question 20

In Asahi Metal Co. Ltd v. Superior Ct. of California, the court ruled that

A) Personal jurisdiction is unconstitutional
B) The defendant purposefully availed itself of the benefits and protections of the law.
C) The defendant did not consent to personal jurisdiction which was required.
D) Subject matter jurisdiction is waivable at the option of the defendant.

Question 21

Integral to Business Model is a standard used to determine if

A) Internet presence is sufficient to establish personal jurisdiction for a business.
B) Internet presence is sufficient to establish subject matter jurisdiction for a business.
C) Internet presence is sufficient to establish venue for a business.
D) Internet presence is sufficient to establish minimum contacts for a business.

Question 22

When two or more locations have jurisdiction over a case, __________ determines which location would be the most appropriate location from a fairness perspective.

A) Forum
B) Equity
C) Litigation
D) Venue

Question 23

Three people were murdered in a local salon in Tampa, in Hillsborough County, Florida. The story made the local news and the residents of Tampa held a 10 day vigil to mourn the loss of the three people. Everyone in Tampa knows of this event as the media has had round the clock coverage. A man is charged for the murder in a Tampa court in Hillsborough County. If the defendant believes that the case is too high profile and he will not get a fair trial because, he could request

A) A mistrial
B) A summary judgement
C) A change of venue
D) A remand

Question 24

For a state court to have the authority to hear a case and issue an enforceable ruling that court must have

A) Only personal jurisdiction
B) Only subject jurisdiction
C) Only proper venue
D) Both subject matter jurisdiction and personal jurisdiction